In a pivotal legal development, the Supreme Court rendered a decisive judgment on Monday, invalidating a previous ruling by the National Green Tribunal (NGT) regarding the proposed greenfield airport at Doolo Tea Estate in Silchar, Assam. The bench, led by Chief Justice of India (CJI) DY Chandrachud alongside Justices JB Pardiwala and Manoj Misra, intervened to annul the NGT's dismissal of a petition contesting the land clearance activities for the airport project.
At the crux of the Supreme Court's decision was the glaring observation that the land clearance operations proceeded without securing the mandatory environmental clearance, a direct contravention of the Environmental Impact Assessment (EIA) notification of 2006. Stressing the paramount importance of adhering to legal protocols, the Court underscored that while the decision to establish an airport constitutes a matter of policy, it must unequivocally align with prescribed environmental regulations.
Moreover, the Court censured the NGT for shirking its responsibility by declining to entertain the initial plea. The case brought before the NGT centered on the clearance of an estimated 41 lakh shrubs, a process undertaken sans the awaited Environmental Impact Assessment (EIA) report and devoid of environmental clearance.
During the judicial proceedings, the CJI proposed maintaining the status quo until the receipt of the environmental clearance report. Solicitor General Tushar Mehta countered the arguments presented by the petitioners, accentuating logistical complexities and insinuating that certain petitioners were lodging self-serving petitions from a considerable distance.
Despite the spirited exchange between the opposing parties, the Court emphasized unwavering adherence to environmental regulations and expressed grave apprehension regarding the uprooting of millions of tea bushes, affirming that it deviated from routine estate maintenance practices. Consequently, the Court rescinded the NGT's order and instructed the State of Assam to reapply for authorization to commence work once the requisite clearance report is at hand.
In response to a proposal advocating the construction of residential accommodations for workers, the Court reasserted its staunch stance against contravening the EIA Notification. This landmark judicial pronouncement not only underscores the judiciary's steadfast commitment to environmental preservation but also underscores the imperative of upholding legal standards in all developmental endeavors.
